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How to … use the new Code of Practice on Disciplinary and Grievance Procedures

How to … use the new Code of Practice on Disciplinary and Grievance Procedures. Heidi Gibaut, Law At Work 5 March 2014. Outline of session. A brief history Key changes to the Code of Practice on Disciplinary and Grievance (“D&G”)

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How to … use the new Code of Practice on Disciplinary and Grievance Procedures

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  1. How to … use the new Code of Practice on Disciplinary and Grievance Procedures Heidi Gibaut, Law At Work 5 March 2014

  2. Outline of session • A brief history • Key changes to the Code of Practice on Disciplinary and Grievance (“D&G”) • What are the Codes and the practical applications of the D&G Code • Overview of the main principles to consider when terminating employment in light of the amended D&G Code

  3. Brief History • July 2005 • November 2007 • January 2012 • February 2013 • March 2013 • September 2013 • January 2014 • April 2014

  4. Key Differences • User friendly • Conduct and poor performance • Concentrates on reasonable behaviour • More emphasis on fair investigations • More information on how to conduct a fair hearing

  5. What are the Codes? • A breach of the Codes is not a breach of the Employment Law, but: • “Where it appears to the Tribunal or a court that any provision of this code of practice is relevant to a question arising in any proceedings, then that provision must be taken into account in determining the question” (Art 2B, Employment (Jersey) Law 2003)

  6. Practical Application • Documents • Statement of employment terms • Gross misconduct list • Disciplinary policy/procedure • Grievance policy/procedure • Capability policy/procedure • Considerations • Reasonableness • Fairness

  7. Dealing Informally • You can still have a ‘quiet word’ • No need to follow any specific procedure • Make a note, put it in the file

  8. Dealing Formally (Disciplinary) • Fair Investigation • Fact Finding • Open minded • Reasonable • Invite to Hearing • Notice in writing • Allegations/Possible consequences • Paperwork

  9. Dealing Formally (Disciplinary) • Fair Hearing • Impartial • Agenda • Representation • Mitigation • Witnesses • Minutes • Making a decision • Adjourn • Thought Process

  10. Dealing Formally(Disciplinary) • Potential Disciplinary Sanctions: • Warnings • Dismissal • Demotion • Reduction in Salary • Loss of Seniority The new codes allow for sanctions such as these, but they mustbe contractual (or agreed with the employee). • Appeal

  11. Dealing Formally(Grievance) • Informal • Manager is first point of contact • Resolve at lowest possible level • Formal • Clear and concise • What response is ‘wanted’ • Hearing • Hear the complaint • Further investigation

  12. Grievance Outcomes • Adjourn grievance hearing. Do not give outcome there and then. • If upheld, employer should decide on appropriate action: • Apology, reversing decision, agree changes, etc • If rejected: • Clearly explained, together with basis for decision • Offer appeal

  13. The principles • Behaving Reasonably • Must not be ‘heat of the moment’; • Undertake an investigation; • Fully informed of the grounds; • Employee puts his/her side of the story; • Considered with an open mind; • Proportionate and appropriate; and • Right of appeal

  14. Case Study

  15. Any Questions?

  16. CIPD – HR Professional Map

  17. Contact Heidi Gibaut Director Law At Work (Channel Islands) Limited Tel: 887088 Email: heidi.gibaut@lawatworkci.com Web: www.lawatworkci.com

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